Ease,
I read the rejection of the claims 1-10 of the 336 just a couple of days ago because some guys in our board expected the chance of a positive reex. in a range of only 10%. If the chances are really at such a low level, I am astonised that still some companies bought a license.
However, I think the decribed facts in your posting are the key factors to get a positive reex. in case of the 336. I've to agree, that TPL should be able to convince the USPTO that the rejection could be withdrawn. But cannot be sure and we don't know what's going on beyond the USPTO-curtain. We have to wait till the result will be published.
I hopw by heart that it will be in our favor.
Best wishes
S402005